Presidential Decree No. 40-2002 Text copy _?.Back of the INDONESIAN PRESIDENTIAL DECREE NUMBER 40 in 2002 ABOUT the CHANGES to the PRESIDENTIAL DECREE NUMBER 88 in 2000 ABOUT the STATE of CIVIL EMERGENCY in the PROVINCES of MALUKU and NORTH MALUKU PROVINCE, the PRESIDENT of the REPUBLIC of INDONESIA, Considering: a. that the communal conflict in Maluku Province and North Maluku Province continues and causes a disruption of the life of the infrastructure, especially the declining quality of social relationships and terhambatnya wheels of Government; b. that the implementation of the civil emergency was meant to stifle and stop all forms of violence that occur due to the conflict, for the provinces of Maluku and North Maluku Provinces has not been fully able to demonstrate adequate results for a variety of things; c. that the implementation of the Covenant or agreement Maluku Malino II is an important milestone for the Government, and all the components of society particularly the province of Maluku and North Maluku Provinces still face many obstacles, especially linked to conditions in the field; d. that the need for measures to further optimize the implementation of the civil emergency countermeasure in Provinces of Maluku and North Maluku Provinces through a policy of restructuring in order to achieve a more conducive conditions and allows the acceleration of settlement; e. that in connection with the case, viewed the need to refine the Presidential Decree Number 88 in 2000 about the State of Civil Emergency in the provinces of Maluku and North Maluku Provinces; Remember: 1. Article 4 paragraph (1), article 10 and article 12 of the Constitution of 1945; 2. Act No. 23 of Prp in 1959 about the State of danger (State Gazette Number 139 1959 Additional Sheets State number 1908) as amended twice with Act No. 52 Prp in 1960; 3. Presidential Decree Number 88 in 2000 about the determination of the Civil Emergency in the province of Maluku and North Maluku Provinces; Decide: define: PRESIDENTIAL DECREE ABOUT CHANGES to the PRESIDENTIAL DECREE NUMBER 88 in 2000 ABOUT the STATE of CIVIL EMERGENCY in the PROVINCES of MALUKU and NORTH MALUKU PROVINCES. Article I 1. Changing the provisions of article 2 of Presidential Decree Number 88 in 2000 so entirely reads as follows: "article 2 (1) of the Supreme Mastery of the civil State of emergency for the province of Maluku and North Maluku Provinces conducted by the President. (2) the Civil Emergency Ruler as the Center, the President in the exercise of his power was aided by the implementing Bodies Daily with membership as follows: head: Minister of State Coordinator of the political and security Fields.

Members: 1. Minister of the Interior;

2. The Secretary of State;

3. the Minister of defence;

4. The Minister of Justice and human rights;

5. The Attorney General;

6. Indonesia National Army Commander;

7. The head of the State police of the Republic of Indonesia;

8. Indonesia National Army Chief of staff of the army;

9. Indonesia National Army Chief of staff of the Navy;

10. Indonesia National Army Chief of staff of the air force;

11. The head of the State Intelligence Agency.

Secretary: the Secretary of the Coordinating Ministry of Politics and security.

(3) the implementing agency of the Daily Membership referred to in subsection (2) may be added as required. " 2. Add to the provisions of Article 2A in the Presidential Decree Number 88 in 2000 which reads as follows: "Article 2A the implementing Agency has Daily tasks: a. pengkoordinasian government agencies related to the mastery of the civil emergency in the framework of the drafting and preparation of policies and programs as well as implementation and his relation to the communal conflict resolution comprehensively and integrated; b. pengkoordinasian and implementation of the giving of the instructions or orders from the President of the Civil Emergency Ruler as central to the Governor of Maluku and North Maluku Governor as the Civil Emergency Ruler Area accompanied by Maluku Governor's accountability and North Maluku Governor as the Civil Emergency Ruler Area to the President as the Civil Emergency Ruler. c. submission policy and the necessary follow-up suggestions to the President of the Civil Emergency Ruler as the center of decision-making as well as in the framework of the instructions necessary for the completion of this communal conflict quickly, smoothly and orderly; d. carry out measures that favour the activities of prevention, penangkalan and the cessation of violence, armed violence, both physical and psychological violence or other form of action polisional and in accordance with the provisions of legislation in force in the framework of law enforcement and justice; e. assisting the grant to help the Governor of Maluku and North Maluku Governor as the Civil Emergency ruler of the Region in carrying out its duties; f. granting of consideration and suggestion to the President as the Civil Emergency Ruler Center regarding the enactment of the civil emergency either deletion or for the removal of all or part of the territory of civil emergency, maintaining and establishing civil emergencies or raise it as martial law or emergency war; g. control and supervision over the implementation of all policies, programs and activities of the entire Government agencies associated in the framework of communal conflict settlement in the province of Maluku and North Maluku Provinces; h. submission of a report by the head of the Agency Managing Daily routine either in or incidental to the President as the Civil Emergency Ruler Center, accompanied by consideration and advice. " 3. Add to the provisions of Article 2B Presidential Decree Number 88 in 2000 which reads as follows: "Article 2B in carrying out the tasks referred to in Article 2A, the implementing Agency conducts Daily functions: a. the formulation, drafting and preparation of the concept of policies, programs and activities related to the efforts and steps of comprehensive and integrated in the framework of communal conflict in Maluku Province and North Maluku Province; b. Organization of work relations, coordination and cooperation with related government agencies and all ranks of Government or governmental institutions and with all components of society; c. Organization of coordination meetings, either routinely or in accordance with the needs and the problems encountered, including alignment and synchronization as well as the activities of control and pengawasannya; d. pengkoordinasian in the framework of the implementation of policies, programs and activities of the Implementing Agencies of the daily concerns of a problem to the related government agencies in order to find a solution the solution; e. organizing meetings or dialogue on a regular basis with related officials, experts and community leaders as well as religious figures with a persuasive approach in order to complete the entire problem of mutuality in the Provinces of Maluku and North Maluku Provinces; f. monitoring and evaluation of the implementation of policies, programs and activities of the Implementing Agencies Daily as well as setting strategy and further steps on the issue of communal conflict in Maluku Province and North Maluku Provincial-policy set forth; g. development of information systems and the formation of public opinion distribution efforts coupled with information widely to the public through the mass media about the deployment of the solution to the conflict in Maluku province, the communal and the North Maluku Province; h. receipt of reports on various development issues of Maluku and North Maluku as material for the preparation of the report by the Coordinating Minister for politics and security as the head of the implementing Bodies Daily to the President as the Civil Emergency Ruler Center, accompanied by consideration and advice. " 4. Add to the provisions of article 2 c in the Presidential Decree Number 88 in 2000 which reads as follows: "article 2 c in carrying out its task, the head of the Agency Implementing Daily can form a group of experts composed of experts in their fields, each in accordance with their needs."

5. Add to the provisions of article 2D in the Presidential Decree Number 88 in 2000 which reads as follows: "article 2D (1) Implementing Agency Secretariat Daily functionally based and carried out by the Secretariat of the Coordinating Ministry of politics and security. (2) the Secretariat of the Agency for Implementing Daily help the leadership by implementing good secretarial activities of the public administration as well as the things that are necessary in order to smooth implementation. " 6. Add to the provisions of Article 2E in the Presidential Decree Number 88 in 2000 which reads as follows: "Article 2E (1) to support the smooth running of the implementing Agency Secretary tasks daily, with the decision of the Coordinating Minister for politics and security as the Secretary of the Balakhar can be formed the team Assisting. (2) the composition of the membership of the team Assisting consists of elements of relevant agencies. " 7. Change the provisions of article 3 of Presidential Decree Number 88 in 2000 so entirely reads as follows: "article 3 (1) of the civil emergency in the mastery of the territories of the provinces of Maluku and North Maluku Provinces, in accordance with its territory each committed by Maluku Governor or Governor of North Maluku, assisted by: a. military area commander of Patimura;

b. the Maluku regional police Chief;

c. the head of the Maluku High Prosecution.

(2) in order to facilitate the implementation of the Civil Emergency Ruler in the territories of the province of Maluku, Maluku Governor as the Civil Emergency Ruler Area to form a security Restoration operations command. (3) in the execution of his duty, Security Restoration operations command located under and responsible to the Governor of Maluku Civil Emergency Ruler as the region. "

Article II the layout work and Managing Agency activities Daily mechanism set out further by Coordinating Minister of politics and security as the head of the implementing Agency.

Article III All financing needed for organizing and Managing the Agency's Day-to-day implementation, charged to the budget of the Ministry of Politics and Security Coordinator.

Article IV this presidential decree took effect on the date set.

Established in Jakarta on 8 June 2002 the PRESIDENT of the REPUBLIC of INDONESIA, MEGAWATI SUKARNOPUTRI

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